Babysitting.today™

RED.SYSTEMS SOFTWARE Ltd.

TERMS OF USE
Babysitting.today

[1] PREAMBLE

By agreeing to these Terms of Use (“the Terms”) and using the Babysitting.today application (“Application”), you agree to abide by all the terms and conditions contained in these Terms and Conditions. If you object to or disagree with any provision of these Terms, do not expressly agree with these Terms and do not use the Application and uninstall it.

These Terms establish a contractual relationship between you and RED.SYSTEMS SOFTWARE LTD., Identification number 9406696, located at Camp 152-160 CITY RD, London EC1 2NX (also referred to as “RED.SYSTEMS SOFTWARE” or “Provider”) regarding conditions of use of the Application. These Terms and Conditions replace any prior agreements or arrangements between the Provider and you.

For the purposes of these Terms, “User” means You, as an individual using the Application. The application is authorized to use parents who are interested in babysitting (hereinafter referred to as the “Parent”) or persons offering babysitting services (hereinafter referred to as the “Guardian”).

“Babysitting.today” means and includes for the purposes of these Terms and Conditions the RED.SYSTEMS SOFTWARE, their agent and their legal successor.

RED.SYSTEMS SOFTWARE hereby provides you with the service of enabling the use of the Application to mediate the conclusion of an agreement between the Users concerning the custody of Parents Guardian (hereinafter referred to as the “Watching Service”), under the conditions and with the requisites that the Parent and Guardian mutually (the agreement between the Parent and the Watchman within the meaning of this provision is hereinafter referred to as the “Agreement”).

Babysitting.today is not a party to any such Agreement between the Watchman and the Parent regarding the Watchtower Service and does not result in the conclusion of the Agreement from any rights and obligations in respect of the Parties to the Agreement unless otherwise stated (see paragraph [9] of these Terms) . Babysitting.today does not provide any babysitting services.

The Provider does not enter into a legal relationship based on the Terms or as an Employer Hlídaček or as a Labor Agency.

The Provider’s Service, allowing the use of the Application for the purposes determined under these Terms is deemed to be provided at the time of the conclusion of the Agreement between the Parent and the Guardian.

Downloading and installing the Application and creating a User account is completely free.

Use of the Application for the Closing of the Agreement between the Parent and the Guard is charged according to the current pricelist, which is available in the Application and on the website www.babysitting.today (hereinafter referred to as the “Price List”).

To use the Application, you must agree to these Terms and Conditions.

By accepting (agreeing) these Terms and Conditions, you and Babysitting.today will be bound by the arrangements listed here.

[2] GENERAL PROVISIONS

By agreeing to these Terms and Conditions, you acknowledge and agree that Babysitting.today has the right to change, modify and supplement these Terms and Pricing at any time. Any changes to the Terms or the Pricelist are effective through their publication and disclosure to the User, in particular on the www.babysitting.today website or by announcement via the Babysitting.today e-mail system or other forms of communication provided by Babysitting.today. If you do not agree to a change in the Terms or Pricelist, or if you have reservations about the Terms or Pricelist, you must immediately cancel your User Account and uninstall the Application. Otherwise, you are deemed to accept the new Terms of Service and the Price List.

By using the Application after notice of a change to the Terms or Pricelist, as stated above, you agree to the change in question.

Some Additional Services may be subject to additional terms, such as promotions, and these additional terms will be communicated to you in connection with the use of the relevant services. The Additional Terms of Service supplement these Terms and are considered as part of these Terms. In the case of a conflict with ancillary services, the Additional Terms of Service have priority over these Terms.

Babysitting.today does not correspond to the User for the selection of the contractual partner, for his / her actions or for the services provided by him / her or the resulting claims.

The Provider may terminate the service offer or deny access to its service or any part thereof at any time and for any reason.

[3] APPLICATION AND USE

The app is for mobile devices.

The application is owned by RED.SYSTEMS SOFTWARE and is protected under Act No. 121/2000 Coll., The Copyright Act, as amended. This Agreement does not transfer any rights to the Application.

Application is an environment – a virtual space that allows Parents and Watchers to find and contact each other for the purpose of concluding an Agreement between them, which is to provide the Child Care Service for the benefit of the Parent (hereinafter “Application Purpose”).

The application is intended only for natural persons, ie. Parents and Guardians, in order to mediate the Guard Service. The application is not intended for the purposes of any of your advertisements unrelated to the purpose of the Application, nor to contact Users for any purpose other than the Purpose of the Application.

The agreement between the Parent and the Watchman is closed through the Application at the time the Parent confirms the particular Watchman, Prize and Time Watching Services.

By installing and using the Application you acknowledge that Babysitting.today:

(a) does not recognize, recommend or endorse any Users or their User Content (see below) and has no control over Users’ actions;

(b) is in no way responsible for the User’s actions or the quality of the Watchkeeping Services provided by them;

(c) does not control the Users and is not responsible for the accuracy of any of the data and information provided by them.

The app only serves to contact each other with Parents and Watchers. Babysitting.today does not provide or otherwise mediate the conclusion of the Agreement.

The application is and will exist in the form and format as determined and designated by Babysitting.today. Babysitting.today is authorized to modify or restrict the application form or format only for certain types of mobile devices. Babysitting.today reserves the right at any time to restrict or terminate support for the Application as a whole or any of its components.

You may not use the Application or any Content to sell, modify, use for commercial purposes, reproduce, distribute, or publicly display. Furthermore, you are not authorized to perform reverse engineering, to discover the source code of the Application and without the prior written consent of Babysitting.today to use the Application or its contents otherwise than as specified in these Terms and Conditions.

[4] USER ACCOUNT

For full use of the Applicable Application to search for a required contractor, you are required to sign up for free and create your User Account, which you will continue to sign in with your username and password.

Babysitting.today as a User asks for a basic authentication of your identity when creating a User Account. You are hereby required to provide your personal data (hereinafter “Data”) to Babysitting.today:

(a) name, surname,

(b) date of birth,

(c) address of residence,

(d) the e-mail address,

(e) a telephone number,

(f) credit / debit card number.

Babysitting.today is also entitled to ask you to provide the following documents to verify your identity:

(f) identity card or other identity card;

(g) an extract from the criminal record.

Babysitting.today is not responsible for verifying the identity of Users or the accuracy of the Data.

Babysitting.today advises you to exercise due diligence and self-control of the Data, Identity and Competence of potential contractors (Parents or Guardians) searched for and contacted through the Application, prior to personal meetings and prior to the conclusion of the Agreement. By creating a User Account, you consent to the collection, use, disclosure, and transmission of your Data listed under (a) – (e) above to other Users.

You agree to maintain accurate, complete and up-to-date information in your User Account. If you do not maintain accurate, complete and up-to-date information in the User Account, you may lose access to or service to the Provider’s Service, or the Provider may unilaterally terminate this Agreement.

You can not transfer or otherwise transfer your User Account to any other person or entity.

Babysitting.today is entitled to suspend or cancel your User Account without prior notice and at its sole discretion, in particular if it determines or will believe that you have provided false information when authenticating or failing to disclose or conceal any data.

[5] CANCELING USER ACCOUNT

The user account can be canceled based on your request sent to the e-mail address:

support@babysitting.today or by calling +420 228 885 091.

Babysitting.today may at any time suspend or cancel your User Account without notice and at its sole discretion, in particular if it discovers or will reasonably believe that you have violated these Terms. Suspending or canceling a User account will cause your access to the Application to be limited, and may also include the deletion of User Content (see below) associated with a Suspended or Deleted User Account.

If you suspend or cancel your Babysitting.today User Account, you are not authorized to create a new User Account for yourself under the same or other username.

[6] CUSTOMER ACCOUNT SECURITY

As a User, you are solely responsible for maintaining the confidentiality of passwords and information about your User Account in the Application, and are fully responsible for all negotiations through your User Account and for all user content embedded in the Application through your User Account. Any unauthorized use or misuse of your User Account

By installing and using the Application, you agree to comply with the following terms and conditions (the “Eligibility Criteria”) throughout the Application Period:

(a) the age of 18,

(b) compliance with any generally binding legal regulations in connection with the use of the Application,

(c) compliance with these Terms,

(d) you or anyone else in your household or, where applicable, in the place where the Watching Services are provided or received:

has not been convicted of any criminal offense against life and health, against freedom and the rights to protection of personality and privacy, against human dignity in the sexual sphere, against the family and children, a crime generally dangerous or a criminal offense against humanity, against peace or war crime,
has not committed domestic violence or any offense involving violence.

In the event you cease to fulfill any of the above eligibility conditions, you are required to cancel your User Account and terminate your use of the Application.

Babysitting.today may at any time suspend or terminate your User Account without prior notice and at its sole discretion, in particular if it finds or will reasonably believe that the Terms of Use has been breached. In the event that you suspend or cancel your User Account, you are not authorized to use the Application. You acknowledge that Babysitting.today does not have the ability to verify adequately whether Users meet the eligibility conditions or not. He acknowledges that Babysitting.today is not responsible for ensuring compliance with the User’s Qualification Terms.

[8] APPLICATION CONTENT

“User Content” is defined as any information, content, news, photos, images, posts, reviews, ratings, etc. embedded in the Application via the User Account. Babysitting.today is not responsible for User Content. The application is only the environment for inserting User Content to the User. Babysitting.today User content does not control or verify its accuracy or truthfulness in any respect. You hereby represent and are responsible for demonstrating copyright to your User Content or that you are authorized to publish the User Content, and transfer to You for the benefit of Babysitting.today all proprietary rights in User Content, to an unlimited extent, and time. Babysitting.today may use, use, copy, display, reproduce, adapt, edit, use, or otherwise dispose of the User Content.

As a User, you are responsible for the User Content that you insert through your User Account into the Application, and you agree that Your User Content:

(a) will not be inaccurate, incomplete, fraudulent or misleading;

(b) violate any rights of third parties, including copyrights, patents, trademarks, trade secrets, or privacy and privacy rights;

(c) not violate generally binding laws, competition rules;

(d) will not be libelous, abusive, threatening, harassing;

(e) will not contain pornography or obscene content;

(f) will not contain any viruses, Trojans, damaged files, or any other similar software, malware, or materials that could damage, interfere, or interfere, disable, or otherwise overload the functionality of any device or network.

In connection with the insertion of User Content, it is forbidden in particular to:

(a) Make slander, defamation, harassment, ridicule, abuse, threats, extortion or other violations of the legal rights of others (including the right to privacy);

(c) Upload files that contain software or other material that violates the rights of any person, including intellectual property rights or privacy rights;

(d) Publish any contact details, websites, links, and addresses in the text section of the user profile.

(e) Upload files that contain viruses, trojans, worms, corrupted files, or any other similar software, malware, or material that could damage or interfere with the running of the Application, any device or software;

(f) Take any action that would interfere with or interfere with or prevent other Users from fully using the Application, or that could harm, disable, constrain or disrupt the functioning of the Application in any manner whatsoever;

(g) Try to obtain unauthorized access to the Application or any other user account;

(h) Acquire, use, or collect User Data without their consent;

(i) Promote or offer for sale of goods or services for any commercial purpose through the Application (except as expressly stated in the Terms of Use);

(k) Issuing to another person or allowing any other person to use his or her User Name, Password, or User Account;

(l) Spam or posting the same content repeatedly;

(m) Access any application content or copy or download it using artificial means (hacking devices, computer programs, and the like);

(n) Reproduce, duplicate, copy, sell or use any content of the Application or restrict or prevent other Users from using the Application in its entirety.

You hereby represent and warrant that you are the sole and sole owner of all User Content.

Babysitting.today is authorized to view or remove User Content that violates generally binding laws or these Terms and Conditions by Babysitting.today.

Babysitting.today may at any time suspend or terminate your User Account without prior notice and at its sole discretion if it discovers or will reasonably believe that you have breached the provisions of these Terms of Use regarding the insertion of User Content. As a User, you are not authorized to use or misuse User Content or Information and User Data obtained through the Application for any purpose other than the Purpose of the Application in any way. You are not authorized to copy, download, use content embedded by Babysitting.today (ie information, materials, texts, graphics, logos, data, formatting, charts, HTML, appearance, photographs, music, sounds, pictures, software, videos, suggestions) , fonts, source and object code, format, directories, algorithms, structure, organization, and all other content) without the prior written consent of Babysitting.today. Violation of this rule results in a violation of copyright law, and Babysitting.today is then authorized to, inter alia, suspend or cancel your User Account. Any information, materials, User Content, or Advice provided through the Application by Users or third parties are for information purposes only and are not expert advice. If you need professional advice, you should consult a suitably qualified expert.

[9] FEES

Remuneration for Guarding Services and similar financial claims between Parents and Watchers (“Remunerations”) shall be settled exclusively by the Provider; in accordance with the details of the particular Watching Service listed in the Application and in accordance with these Terms and Conditions.

The Parent will pay the Guardian’s Remuneration for the Watching Service including the Fee (as defined below) to the Babysitting.today account within 3 (three) business days of the date of the provision of the Watchkeeping Service. The same maturity also applies to the cancellation of the cancellation fee. Payment means the payment to the Babysitting.today account.

Babysitting.today sends the Watchman the Reward paid by the Parent, with the Fee, to the account notified by the Watchman, once per calendar month, always for the previous calendar month.

The Provider is entitled to the User to pay the Fee using the Provider’s Service in accordance with these Terms and Conditions and the Price List. The Provider is entitled to the payment of the Fee by providing the Provider’s Service, at the moment of the conclusion of the Agreement between the User, or in case of cancellation of the agreed Guarding Service.

Babysitting.today does not respond to Users for the payment of Guardian’s or other related claims by their contractual partner, nor does it have any obligation to enforce these claims. Claims for payment for the Watching Services are entitled to the Watchman, except for the Fees that are the claim of the Provider.

Fee under these Terms means:

a fee for the provision of the Service by the Provider, paid by the Parent, in the amount of the Price List and based in particular on the Remuneration for the Watching Service,
a fee for providing the Service by the Provider, paid by the Watchman, in the amount of the Price List and based in particular on the Remuneration for the Watching Service,
cancellation fee for the cancellation or non-fulfillment of the agreed Guarding Service, which is paid by the Provider to the User who canceled the Agreement between the Parent and the Guardian or caused it to fail,
the administrative fee for the administrative act of Babysitting.today, made for the recovery of the cash performance arising under these Terms,
(hereinafter: “Fee”).

The amount of the Fee and its parts is set out in the Price List. Fee includes applicable taxes according to the law. The fees paid by you are final and irreversible unless Babysitting.today or these Terms set otherwise.

Babysitting.today may occasionally provide promotional offers and discounts to selected Users, which may lead to differences in Fees Charged for the same or similar services, and you hereby agree that such promotional offers and discounts, if they are not available to you, will have no effect the use of the Service of the Provider or the Fees applicable to you.

You acknowledge and agree that Fees may be greatly increased in case of high demand.

Any special remuneration provided to Parents beyond the agreed remuneration and Fee is voluntary. Babysitting.today has the obligation to pay the Watchman a cash amount up to the amount of Remuneration after deduction of Fees; no amount provided voluntarily by the Parent over the agreed amount of the Remuneration and Fee shall be payable by the Provider to the Payer.

In the event that the Parent will reimburse only part of the Fee or Fee, Babysitting.today will use the payment received first for the payment of the Fee, or the contractual penalty and statutory interest, and the remaining part of the Reward will be passed on to the Guardian.

The User may cancel the Watched Service at any time before commencing its provision. In such a case, the Provider has the right to request payment of the cancellation fee according to the Price List.

Babysitting.today does not respond to the Watchman for Damage or Financial Loss Caused by Not Paying the Remuneration for the Guarding Service by the Parent and the Guardian does not have any monetary claims against the Provider in case of non-payment of the Guarding Service. Rights from Parent’s Unpaid Remuneration Applies the Watchman directly to the Parent.

The User who duly or in time fails to pay the Fee or Fee will pay the Provider a contractual penalty of 0.2% per day from the amount due, up to the amount of the Fee charged to the Provider’s unpaid service, without prejudice to the right to compensation.

Any change to the Pricelist will be notified to Users through the Babysitting.today Application or e-mail system or other forms of communication provided by Babysitting.today.

[10] POSITION INFORMATION

The application detects your current geographic location and collects geolocation information. The app lets you discover the geographic location of other users.

Babysitting.today is entitled to use information about the geographical location of Users to provide information to the Watch, Advertising, and for marketing and statistical purposes.

Babysitting.today is authorized to communicate with you about the Application or related to it through notifications on mobile devices, SMS text messages, e-mail, telephone calls, or other means of communication.

[11] THIRD PARTY SERVICES

The application may contain links or provide access to third-party products such as websites, advertisements, applications (collectively, “third-party services”) that have access to the Application. The application may provide access to the processing of payment services by third parties that allow payment of a fee for paid membership or other fees, or which allow Watchers to collect payments through the Application from Parents. Such third-party services are not provided by Babysitting.today, and Babysitting.today does not control or endorse them. Babysitting.today is not responsible for the content, accuracy, completeness, safety or quality of third party services.

[12] PAYMENT SERVICES

Babysitting.today may offer access to a Third Party Application that provides Watchers with the ability to process payments for their Watcher Services through the Application.

[13] APP STORE

You acknowledge and agree that Availability of the Application depends on the third party from whom you received the Application, such as the Apple iPhone App Store (“App Store”). You acknowledge and agree that this Terms and Conditions are not binding between the User and the Babysitting.today and App Store. The App Store is not responsible for the Application, its contents, maintenance, support services, and does not address any claims related to it (such as Product Liability, Compliance, or Intellectual Property). You agree to pay all fees charged by the App Store in connection with the Application (if any). You agree to be bound by the App Store Terms.

[14] GOOGLE PLAY

You acknowledge and agree that the availability of the Application depends on the third party from whom you received the Application, such as ANDROID Phone – Google Play (“Google Play”). You acknowledge and agree that this Agreement and Terms are between Users and Babysitting.today, and Google Play is not bound by them. Google Play is not responsible for the Application, its contents, maintenance, support services, and does not address any claims related to it (such as Product Liability, Compliance, or Intellectual Property). You agree to pay all fees charged to Google Play in connection with the Application (if any). You agree to be bound by Google Play Terms of Service.

[15] PROTECTION OF PERSONAL DATA

Your personal data is processed in accordance with General Regulation 2016/679 of the European Parliament and of the Council on Personal Data Protection (GDPR).

The User’s Privacy Policy is RED.SYSTEMS SOFTWARE LTD. (hereinafter referred to as the “Administrator”). The Administrator collects and processes your personal data provided voluntarily under [4] (USER ACCOUNT) and your personal information that the Administrator learns of you in connection with your use of the Application, such as geolocation information (all referred to as “Personal Data “) To verify your identity in connection with registering and creating a User Account for the purpose of running the Application, verifying compliance with these Terms and for marketing purposes. The administrator is entitled to collect and process Personal Data that is necessary for the purposes set forth in the previous sentence. By creating a user account, you consent to the sending of information, advertising and other announcements of Babysitting.today designated to you in accordance with these Terms and Conditions. Personal information The Administrator automatically processes directly through its employees and through Babysitting.today or other authorized processors. Personal data is archived for a period of time that is necessary for the purpose of processing, but no later than 5 years after the cancellation of the User Account. The Administrator does not directly provide any Personal Information to third parties, except for your username, your age, and your geographic location for the purpose of concluding the Agreement. By creating a User Account, you agree to publishing through the Application of Your User Name, Age, and Your Geographic Location. If you request information on the processing of your Personal Information, the Administrator shall transmit the requested information without undue delay in accordance with Section 12 of the Personal Data Protection Act. Pursuant to Section 7, paragraph 2 of Act No. 480/2004 Coll., As amended, you further agree that the Administrator or the person authorized by him / her will use your e-mail address for the purpose of distributing commercial communications by electronic means relating to both Babysitting services. today, third-party goods and services.

[16] TAX OBLIGATIONS OF THE WATCHES

If your earnings as income from casual activities, including occasional babysitting through the Application, do not exceed the threshold of thirty thousand Czech Crowns per calendar year, you are not required to tax or tax returns in accordance with § 10 of Act No. 586 / 1992 Coll., On Income Taxes. If you perform childcare services consistently and in order to make a profit, you are required by law to establish a trade license.
If you receive income from occasional activities in the amount of CZK 30,000 or more per calendar year or in the event of the establishment of a trade license, you are required to file tax returns for income tax under the applicable legal regulations.

You acknowledge that the rules for using the Application are further modified in the App Store terms valid and effective as of the date of download of the Application. In the event of any dispute, the App Store terms will prevail over these Terms when the App Store terms are stricter.

The application can be used on any iPhone, iPod Touch or iPad.

You acknowledge that the App Store has no obligation to provide maintenance or support services for the Application.

As a User, you acknowledge that Apple is not responsible for any product or service warranties. In the event of any defect in the Warranty Application, you may report the findings of Apple’s defects and Apple will refund your purchase price if you have paid the purchase price to Apple to the maximum extent permitted by applicable law.

[18] CONSUMER EDUCATION

As a consumer within the meaning of Section 419 of the Civil Code, you have the right to withdraw from this agreement without giving any reason within 14 days from the date of conclusion of this agreement, from your approval of this agreement.

If you want to withdraw as a consumer from this agreement, you must be provably informed by Babysitting.today in the form of a one-sided copy of the legal hearing sent to Babysitting.today. A pattern of withdrawal is given below:

“Notice of Withdrawal: I hereby declare that I hereby abstain from the Terms of Use of the Babysitting.today application [Please provide your name and address below and sign it].”

Contact details for exercising the rights of the Consumer are listed in paragraph [20] of these Terms and Conditions:

The User is responsible for gaining access to the data network needed to use the Babysitting.today service. If you use a service on a device connected to a wireless network, you may be charged for using a mobile data network and sending text messages that are your responsibility. You are responsible for acquiring and updating compatible hardware or devices that are necessary to access and use the services and applications for their proper updating. Babysitting.today does not guarantee that the services or any part thereof will be functional on certain hardware or devices. The service provided by Babysitting.today may be affected by the malfunctions and delays that are the natural consequence of using the Internet and electronic communication.

Babysitting.today does not make any representations, warranties or obligations regarding the reliability, timeliness, quality, suitability, safety or availability of the Guarding Service ordered through the Application. You agree that all risk arising from your use of the Application Service is solely your responsibility and you acknowledge that Watchers may not be childcare professionals. You agree that Babysitting.today does not bear any liability arising out of the Watching Service. The limitation and exclusion of liability here does not represent the alteration of your rights as a consumer that can not be excluded by law.

If a dispute can not be settled between the consumer and Babysitting.today, the consumer may request an out-of-court settlement of the dispute with the Czech Trade Inspection Authority, which is the competent body for out-of-court settlement of consumer disputes. The form and more detailed information is available on the website of the Czech Trade Inspection Authority https://adr.coi.cz.

[19] FINAL PROVISIONS

These Terms are governed by the laws of the Czech Republic. These Terms constitute a complete agreement between you as a User and Babysitting.today regarding the Application and its use. If any provision of these Terms proves to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity and enforceability of the other provisions of these Terms. Any invalid, unenforceable or unenforceable provision or part thereof shall be replaced by a provision or parts thereof which is lawful, valid and enforceable and which, to the fullest extent possible, has a similar effect to the content, the purpose and the purpose of this agreement as the unlawful, invalid or unenforceable provision or part thereof.

Without the prior written consent of Babysitting.today, you may not assign, transfer or transfer this Agreement or any of its rights or obligations under this Agreement in whole or in part. Babysitting.today may transfer or transfer this contract or some or all of its rights or obligations under this agreement, in whole or in part, without consent. If Babysitting.today does so, you have the right to withdraw from this agreement.

This Agreement is effective for as long as the User is installed on the Mobile Device Application.

By accepting these Terms, you expressly acknowledge that you have read, understood and agreed to the terms of these Terms and Conditions and that you will be guided and bound by the contents.

This contract between RED.SYSTEMS SOFTWARE Ltd. and your agreement is closed by your acceptance of these Terms and Conditions.

[20] CONTACT

Babysitting.today can be contacted at:

RED.SYSTEMS SOFTWARE LTD.
Camping House 152-160 CITY RD, London EC1 2NX
Western Europe | United Kingdom